The
General Conference of the United Nations Educational, Scientific and Cultural
Organization, meeting in Paris from 15 October to 3 November 2001, at its
31st session,

Acknowledging
the importance of underwater cultural heritage as an integral part of the
cultural heritage of humanity and a particularly important element in the
history of peoples, nations, and their relations with each other concerning
their common heritage,

Realizing
the importance of protecting and preserving the underwater cultural heritage
and that responsibility therefor rests with all States,

Noting
growing public interest in and public appreciation of underwater cultural
heritage,

Convinced
of the importance of research, information and education to the protection and
preservation of underwater cultural heritage,

Convinced
of the publicžs right to enjoy the educational and recreational benefits of
responsible non-intrusive access to in situ underwater cultural heritage, and
of the value of public education to contribute to awareness, appreciation and
protection of that heritage,

Aware
of the fact that underwater cultural heritage is threatened by unauthorized
activities directed at it, and of the need for stronger measures to prevent
such activities,

Conscious
of the need to respond appropriately to the possible negative impact on
underwater cultural heritage of legitimate activities that may incidentally
affect it,

Deeply
concerned by the increasing commercial exploitation of
underwater cultural heritage, and in particular by certain activities aimed at
the sale, acquisition or barter of underwater cultural heritage,

Aware
of the availability of advanced technology that enhances discovery of and
access to underwater cultural heritage,

Believing
that cooperation among States, international organizations, scientific
institutions, professional organizations, archaeologists, divers, other
interested parties and the public at large is essential for the protection of
underwater cultural heritage,

Considering
that survey, excavation and protection of underwater cultural heritage
necessitate the availability and application of special scientific methods and
the use of suitable techniques and equipment as well as a high degree of
professional specialization, all of which indicate a need for uniform governing
criteria,

Realizing
the need to codify and progressively develop rules relating to the protection
and preservation of underwater cultural heritage in conformity with
international law and practice, including the UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property of 14 November 1970, the UNESCO Convention for the
Protection of the World Cultural and Natural Heritage of 16 November 1972
and the United Nations Convention on the Law of the Sea of 10 December
1982,

Committed
to improving the effectiveness of measures at international, regional and
national levels for the preservation in situ or, if necessary for scientific or
protective purposes, the careful recovery of underwater cultural heritage,

Having decided
at its twenty-ninth session that this question should be made the subject of an
international convention,

Adopts
this second day of November 2001 this Convention.

Article 1

Definitions

For the purposes of this Convention:

1. (a) »Underwater
cultural heritage« means all traces of human existence having a cultural,
historical or archaeological character which have been partially or totally
under water, periodically or continuously, for at least 100 years such as:

(i) sites, structures,
buildings, artefacts and human remains, together with their archaeological and
natural context;

(ii) vessels, aircraft,
other vehicles or any part thereof, their cargo or other contents, together
with their archaeological and natural context; and

(iii) objects of
prehistoric character.

(b) Pipelines and
cables placed on the seabed shall not be considered as underwater cultural
heritage.

(c) Installations other
than pipelines and cables, placed on the seabed and still in use, shall not be
considered as underwater cultural heritage.

2. (a) »States
Parties« means States which have consented to be bound by this Convention
and for which this Convention is in force.

(b) This Convention
applies mutatis mutandis to those territories referred to in Article 26,
paragraph 2(b), which become Parties to this Convention in accordance with the
conditions set out in that paragraph, and to that extent »States Parties«
refers to those territories.

8. »State vessels
and aircraft« means warships, and other vessels or aircraft that were owned
or operated by a State and used, at the time of sinking, only for government
non-commercial purposes, that are identified as such and that meet the
definition of underwater cultural heritage.

9. »Rules« means
the Rules concerning activities directed at underwater cultural heritage, as
referred to in Article 33 of this Convention.

Article 2

Objectives and general
principles

1. This Convention aims to ensure and strengthen
the protection of underwater cultural heritage.

2. States Parties shall cooperate in the
protection of underwater cultural heritage.

3.States Parties shall preserve underwater cultural heritage for the
benefit of humanity in conformity with the provisions of this Convention.

4. States Parties shall, individually or jointly
as appropriate, take all appropriate measures in conformity with this
Convention and with international law that are necessary to protect underwater
cultural heritage, using for this purpose the best practicable means at their
disposal and in accordance with their capabilities.

5. The preservation in situ of underwater
cultural heritage shall be considered as the first option before allowing or
engaging in any activities directed at this heritage.

6. Recovered underwater cultural heritage shall
be deposited, conserved and managed in a manner that ensures its long-term
preservation.

7. Underwater cultural heritage shall not be
commercially exploited.

8. Consistent with State practice and
international law, including the United Nations Convention on the Law of the
Sea, nothing in this Convention shall be interpreted as modifying the rules of
international law and State practice pertaining to sovereign immunities, nor
any Statežs rights with respect to its State vessels and aircraft.

9. States Parties shall ensure that proper
respect is given to all human remains located in maritime waters.

10. Responsible non-intrusive access to observe
or document in situ underwater cultural heritage shall be encouraged to create public
awareness, appreciation, and protection of the heritage except where such
access is incompatible with its protection and management.

11. No act or activity undertaken on the basis
of this Convention shall constitute grounds for claiming, contending or
disputing any claim to national sovereignty or jurisdiction.

Article 3

Relationship between
this Convention
and the United Nations Convention on the Law of the Sea

Nothing in this Convention shall prejudice the
rights, jurisdiction and duties of States under international law, including
the United Nations Convention on the Law of the Sea. This Convention shall be
interpreted and applied in the context of and in a manner consistent with
international law, including the United Nations Convention on the Law of the
Sea.

Article 4

Relationship to law of
salvage and law of finds

Any activity relating to underwater cultural
heritage to which this Convention applies shall not be subject to the law of
salvage or law of finds, unless it:

(a) is authorized by the competent authorities,
and

(b) is in full conformity with this Convention,
and

(c) ensures that any recovery of the underwater
cultural heritage achieves its maximum protection.

Article 5

Activities incidentally
affecting underwater cultural heritage

Each State Party shall use the best practicable
means at its disposal to prevent or mitigate any adverse effects that might
arise from activities under its jurisdiction incidentally affecting underwater
cultural heritage.

Article 6

Bilateral, regional or
other multilateral agreements

1. States Parties are encouraged to enter into
bilateral, regional or other multilateral agreements or develop existing
agreements, for the preservation of underwater cultural heritage. All such
agreements shall be in full conformity with the provisions of this Convention
and shall not dilute its universal character. States may, in such agreements,
adopt rules and regulations which would ensure better protection of underwater
cultural heritage than those adopted in this Convention.

2. The Parties to such bilateral, regional or
other multilateral agreements may invite States with a verifiable link,
especially a cultural, historical or archaeological link, to the underwater
cultural heritage concerned to join such agreements.

3. This Convention shall not alter the rights
and obligations of States Parties regarding the protection of sunken vessels,
arising from other bilateral, regional or other multilateral agreements
concluded before its adoption, and, in particular, those that are in conformity
with the purposes of this Convention.

1. States Parties, in the exercise of their
sovereignty, have the exclusive right to regulate and authorize activities
directed at underwater cultural heritage in their internal waters, archipelagic
waters and territorial sea.

2. Without prejudice to other international agreements
and rules of international law regarding the protection of underwater cultural
heritage, States Parties shall require that the Rules be applied to activities
directed at underwater cultural heritage in their internal waters, archipelagic
waters and territorial sea.

3. Within their archipelagic waters and
territorial sea, in the exercise of their sovereignty and in recognition of
general practice among States, States Parties, with a view to cooperating on
the best methods of protecting State vessels and aircraft, should inform the
flag State Party to this Convention and, if applicable, other States with a
verifiable link, especially a cultural, historical or archaeological link, with
respect to the discovery of such identifiable State vessels and aircraft.

Article 8

Underwater cultural
heritage in the contiguous zone

Without prejudice to and in addition to Articles
9 and 10, and in accordance with Article 303, paragraph 2, of the United
Nations Convention on the Law of the Sea, States Parties may regulate and
authorize activities directed at underwater cultural heritage within their
contiguous zone. In so doing, they shall require that the Rules be applied.

Article 9

Reporting and
notification in the exclusive economic zone and on the continental shelf

1. All States Parties have a responsibility to
protect underwater cultural heritage in the exclusive economic zone and on the
continental shelf in conformity with this Convention.

Accordingly:

(a) a State
Party shall require that when its national, or a vessel flying its flag,
discovers or intends to engage in activities directed at underwater cultural
heritage located in its exclusive economic zone or on its continental shelf,
the national or the master of the vessel shall report such discovery or
activity to it;

(b) in the
exclusive economic zone or on the continental shelf of another State Party:

(i) States
Parties shall require the national or the master of the vessel to report such
discovery or activity to them and to that other State Party;

(ii)
alternatively, a State Party shall require the national or master of the vessel
to report such discovery or activity to it and shall ensure the rapid and
effective transmission of such reports to all other States Parties.

2. On depositing
its instrument of ratification, acceptance, approval or accession, a State
Party shall declare the manner in which reports will be transmitted under
paragraph 1(b) of this Article.

3. A State Party
shall notify the Director-General of discoveries or activities reported to it
under paragraph 1 of this Article.

4. The
Director-General shall promptly make available to all States Parties any
information notified to him under paragraph 3 of this Article.

5. Any State
Party may declare to the State Party in whose exclusive economic zone or on
whose continental shelf the underwater cultural heritage is located its
interest in being consulted on how to ensure the effective protection of that
underwater cultural heritage. Such declaration shall be based on a verifiable
link, especially a cultural, historical or archaeological link, to the
underwater cultural heritage concerned.

Article 10

Protection of
underwater cultural heritage in the exclusive economic zone and on the continental
shelf

1. No authorization shall be granted for an
activity directed at underwater cultural heritage located in the exclusive
economic zone or on the continental shelf except in conformity with the
provisions of this Article.

2. A State Party
in whose exclusive economic zone or on whose continental shelf underwater
cultural heritage is located has the right to prohibit or authorize any
activity directed at such heritage to prevent interference with its sovereign
rights or jurisdiction as provided for by international law including the
United Nations Convention on the Law of the Sea.

3. Where there is a discovery of underwater
cultural heritage or it is intended that activity shall be directed at
underwater cultural heritage in a State Partyžs exclusive economic zone or on
its continental shelf, that State Party shall:

(a) consult all
other States Parties which have declared an interest under Article 9,
paragraph 5, on how best to protect the underwater cultural heritage;

(b) coordinate
such consultations as »Coordinating State«, unless it expressly declares that
it does not wish to do so, in which case the States Parties which have declared
an interest under Article 9, paragraph 5, shall appoint a Coordinating State.

4. Without
prejudice to the duty of all States Parties to protect underwater cultural
heritage by way of all practicable measures taken in accordance with
international law to prevent immediate danger to the underwater cultural
heritage, including looting, the Coordinating State may take all practicable
measures, and/or issue any necessary authorizations in conformity with this
Convention and, if necessary prior to consultations, to prevent any immediate
danger to the underwater cultural heritage, whether arising from human
activities or any other cause, including looting. In taking such measures
assistance may be requested from other States Parties.

5. The
Coordinating State:

(a) shall
implement measures of protection which have been agreed by the consulting
States, which include the Coordinating State, unless the consulting States,
which include the Coordinating State, agree that another State Party shall
implement those measures;

(b) shall issue
all necessary authorizations for such agreed measures in conformity with the
Rules, unless the consulting States, which include the Coordinating State,
agree that another State Party shall issue those authorizations;

(c) may conduct
any necessary preliminary research on the underwater cultural heritage and
shall issue all necessary authorizations therefor, and shall promptly inform
the Director-General of the results, who in turn will make such information
promptly available to other States Parties.

6. In
coordinating consultations, taking measures, conducting preliminary research
and/or issuing authorizations pursuant to this Article, the Coordinating State
shall act on behalf of the States Parties as a whole and not in its own
interest. Any such action shall not in itself constitute a basis for the
assertion of any preferential or jurisdictional rights not provided for in
international law, including the United Nations Convention on the Law of the
Sea.

7. Subject to
the provisions of paragraphs 2 and 4 of this Article, no activity directed at
State vessels and aircraft shall be conducted without the agreement of the flag
State and the collaboration of the Coordinating State.

Article 11

Reporting and
notification in the Area

1. States Parties have a responsibility to
protect underwater cultural heritage in the Area in conformity with this
Convention and Article 149 of the United Nations Convention on the Law of the
Sea. Accordingly when a national, or a vessel flying the flag of a State Party,
discovers or intends to engage in activities directed at underwater cultural
heritage located in the Area, that State Party shall require its national, or
the master of the vessel, to report such discovery or activity to it.

2. States Parties shall notify the
Director-General and the Secretary-General of the International Seabed
Authority of such discoveries or activities reported to them.

3. The Director-General shall promptly make
available to all States Parties any such information supplied by States
Parties.

4. Any State Party may declare to the
Director-General its interest in being consulted on how to ensure the effective
protection of that underwater cultural heritage. Such declaration shall be
based on a verifiable link to the underwater cultural heritage concerned,
particular regard being paid to the preferential rights of States of cultural,
historical or archaeological origin.

Article 12

Protection of
underwater cultural heritage in the Area

1. No authorization shall be granted for any
activity directed at underwater cultural heritage located in the Area except in
conformity with the provisions of this Article.

2. The Director-General shall invite all States
Parties which have declared an interest under Article 11, paragraph 4, to
consult on how best to protect the underwater cultural heritage, and to appoint
a State Party to coordinate such consultations as the »Coordinating State”. The
Director-General shall also invite the International Seabed Authority to
participate in such consultations.

3. All States Parties may take all practicable
measures in conformity with this Convention, if necessary prior to
consultations, to prevent any immediate danger to the underwater cultural
heritage, whether arising from human activity or any other cause including looting.

4. The Coordinating State shall:

(a) implement measures of protection which have
been agreed by the consulting States, which include the Coordinating State,
unless the consulting States, which include the Coordinating State, agree that
another State Party shall implement those measures; and

(b) issue all necessary authorizations for such
agreed measures, in conformity with this Convention, unless the consulting
States, which include the Coordinating State, agree that another State Party
shall issue those authorizations.

5. The Coordinating State may conduct any
necessary preliminary research on the underwater cultural heritage and shall
issue all necessary authorizations therefor, and shall promptly inform the
Director-General of the results, who in turn shall make such information
available to other States Parties.

6. In coordinating consultations, taking
measures, conducting preliminary research, and/or issuing authorizations
pursuant to this Article, the Coordinating State shall act for the benefit of
humanity as a whole, on behalf of all States Parties. Particular regard shall
be paid to the preferential rights of States of cultural, historical or
archaeological origin in respect of the underwater cultural heritage concerned.

7. No State Party shall undertake or authorize
activities directed at State vessels and aircraft in the Area without the
consent of the flag State.

Article 13

Sovereign immunity

Warships and other government ships or military
aircraft with sovereign immunity, operated for non-commercial purposes,
undertaking their normal mode of operations, and not engaged in activities
directed at underwater cultural heritage, shall not be obliged to report
discoveries of underwater cultural heritage under Articles 9, 10, 11 and 12 of
this Convention. However States Parties shall ensure, by the adoption of
appropriate measures not impairing the operations or operational capabilities
of their warships or other government ships or military aircraft with sovereign
immunity operated for non-commercial purposes, that they comply, as far as is
reasonable and practicable, with Articles 9, 10, 11 and 12 of this Convention.

Article 14

Control of entry into
the territory, dealing and possession

States Parties shall take measures to prevent
the entry into their territory, the dealing in, or the possession of,
underwater cultural heritage illicitly exported and/or recovered, where
recovery was contrary to this Convention.

Article 15

Non-use
of areas under the jurisdiction of States Parties

States Parties shall take measures to prohibit
the use of their territory, including their maritime ports, as well as
artificial islands, installations and structures under their exclusive
jurisdiction or control, in support of any activity directed at underwater
cultural heritage which is not in conformity with this Convention.

Article 16

Measures
relating to nationals and vessels

States Parties shall take all practicable
measures to ensure that their nationals and vessels flying their flag do not
engage in any activity directed at underwater cultural heritage in a manner not
in conformity with this Convention.

Article 17

Sanctions

1. Each State Party shall impose sanctions for
violations of measures it has taken to implement this Convention.

2. Sanctions applicable in respect of violations
shall be adequate in severity to be effective in securing compliance with this
Convention and to discourage violations wherever they occur and shall deprive
offenders of the benefit deriving from their illegal activities.

3. States Parties shall cooperate to ensure
enforcement of sanctions imposed under this Article.

Article 18

Seizure
and disposition of underwater cultural heritage

1. Each State Party shall take measures
providing for the seizure of underwater cultural heritage in its territory that
has been recovered in a manner not in conformity with this Convention.

2. Each State Party shall record, protect and
take all reasonable measures to stabilize underwater cultural heritage seized
under this Convention.

3. Each State Party shall notify the
Director-General and any other State with a verifiable link, especially a
cultural, historical or archaeological link, to the underwater cultural
heritage concerned of any seizure of underwater cultural heritage that it has
made under this Convention.

4. A State Party which has seized underwater
cultural heritage shall ensure that its disposition be for the public benefit,
taking into account the need for conservation and research; the need for
reassembly of a dispersed collection; the need for public access, exhibition
and education; and the interests of any State with a verifiable link,
especially a cultural, historical or archaeological link, in respect of the
underwater cultural heritage concerned.

Article 19

Cooperation and information-sharing

1. States Parties shall cooperate and assist
each other in the protection and management of underwater cultural heritage
under this Convention, including, where practicable, collaborating in the
investigation, excavation, documentation, conservation, study and presentation
of such heritage.

2. To the extent compatible with the purposes of
this Convention, each State Party undertakes to share information with other
States Parties concerning underwater cultural heritage, including discovery of
heritage, location of heritage, heritage excavated or recovered contrary to
this Convention or otherwise in violation of international law, pertinent
scientific methodology and technology, and legal developments relating to such
heritage.

3. Information shared between States Parties, or
between UNESCO and States Parties, regarding the discovery or location of
underwater cultural heritage shall, to the extent compatible with their
national legislation, be kept confidential and reserved to competent authorities
of States Parties as long as the disclosure of such information might endanger
or otherwise put at risk the preservation of such underwater cultural heritage.

4. Each State Party shall take all practicable
measures to disseminate information, including where feasible through
appropriate interna­tional databases, about underwater cultural heritage
excavated or recovered contrary to this Convention or otherwise in violation of
international law.

Article 20

Public awareness

Each State Party shall take all practicable
measures to raise public awareness regarding the value and significance of
underwater cultural heritage and the importance of protecting it under this
Convention.

Article 21

Training in underwater
archaeology

States Parties shall cooperate in the provision
of training in underwater archaeology, in techniques for the conservation of
underwater cultural heritage and, on agreed terms, in the transfer of
technology relating to underwater cultural heritage.

Article 22

Competent
authorities

1. In order to ensure the proper implementation
of this Convention, States Parties shall establish competent authorities or
reinforce the existing ones where appropriate, with the aim of providing for
the establishment, maintenance and updating of an inventory of underwater
cultural heritage, the effective protection, conservation, presentation and
management of underwater cultural heritage, as well as research and education.

2. States Parties shall communicate to the
Director-General the names and addresses of their competent authorities
relating to underwater cultural heritage.

Article 23

Meetings of States
Parties

1. The Director-General shall convene a Meeting
of States Parties within one year of the entry into force of this Convention
and thereafter at least once every two years. At the request of a majority of
States Parties, the Director-General shall convene an Extraordinary Meeting of
States Parties.

2. The Meeting of States Parties shall decide on
its functions and responsibilities.

3. The Meeting of States Parties shall adopt its
own Rules of Procedure.

4. The Meeting of States Parties may establish a
Scientific and Technical Advisory Body composed of experts nominated by the
States Parties with due regard to the principle of equitable geographical
distribution and the desirability of a gender balance.

5. The Scientific and Technical Advisory Body
shall appropriately assist the Meeting of States Parties in questions of a
scientific or technical nature regarding the implementation of the Rules.

Article 24

Secretariat
for this Convention

1. The Director-General shall be responsible for
the functions of the Secretariat for this Convention.

2. The duties of the Secretariat shall include:

(a) organizing Meetings of States Parties as
provided for in Article 23, paragraph 1; and

(b) assisting States Parties in implementing the
decisions of the Meetings of States Parties.

Article 25

Peaceful
settlement of disputes

1. Any dispute between two or more States
Parties concerning the interpretation or application of this Convention shall
be subject to negotiations in good faith or other peaceful means of settlement
of their own choice.

2. If those negotiations do not settle the
dispute within a reasonable period of time, it may be submitted to UNESCO for
mediation, by agreement between the States Parties concerned.

3. If mediation is not undertaken or if there is
no settlement by mediation, the provisions relating to the settlement of
disputes set out in Part XV of the United Nations Convention on the Law of the
Sea apply mutatis mutandis to any dispute between States Parties to this
Convention concerning the interpretation or application of this Convention,
whether or not they are also Parties to the United Nations Convention on the
Law of the Sea.

4. Any procedure chosen by a State Party to this
Convention and to the United Nations Convention on the Law of the Sea pursuant
to Article 287 of the latter shall apply to the settlement of disputes under
this Article, unless that State Party, when ratifying, accepting, approving or
acceding to this Convention, or at any time thereafter, chooses another
procedure pursuant to Article 287 for the purpose of the settlement of disputes
arising out of this Convention.

5. A State Party
to this Convention which is not a Party to the United Nations Convention on the
Law of the Sea, when ratifying, accepting, approving or acceding to this
Convention or at any time thereafter shall be free to choose, by means of a
written declaration, one or more of the means set out in Article 287, paragraph
1, of the United Nations Convention on the Law of the Sea for the purpose of
settlement of disputes under this Article. Article 287 shall apply to such a
declaration, as well as to any dispute to which such State is party, which is
not covered by a declaration in force. For the purpose of conciliation and
arbitration, in accordance with Annexes V and VII of the United Nations
Convention on the Law of the Sea, such State shall be entitled to nominate
conciliators and arbitrators to be included in the lists referred to in Annex
V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising
out of this Convention.

Article 26

Ratification,
acceptance, approval or accession

1.
This Convention shall be subject to ratification, acceptance or approval by
Member States of UNESCO.

2.
This Convention shall be subject to accession:

(a)
by States that are not members of UNESCO but are members of the United Nations
or of a specialized agency within the United Nations system or of the
International Atomic Energy Agency, as well as by States Parties to the Statute
of the International Court of Justice and any other State invited to accede to
this Convention by the General Conference of UNESCO;

(b)
by territories which enjoy full internal self-government, recognized as such by
the United Nations, but have not attained full independence in accordance with
General Assembly resolution 1514 (XV) and which have competence over the
matters governed by this Convention, including the competence to enter into
treaties in respect of those matters.

3.
The instruments of ratification, acceptance, approval or accession shall be
deposited with the Director-General.

Article 27

Entry
into force

This Convention shall enter into force three
months after the date of the deposit of the twentieth instrument referred to in
Article 26, but solely with respect to the twenty States or territories that
have so deposited their instruments. It shall enter into force for each other
State or territory three months after the date on which that State or territory
has deposited its instrument.

Article 28

Declaration
as to inland waters

When
ratifying, accepting, approving or acceding to this Convention or at any time
thereafter, any State or territory may declare that the Rules shall apply to
inland waters not of a maritime character.

Article 29

Limitations
to geographical scope

At
the time of ratifying, accepting, approving or acceding to this Convention, a
State or territory may make a declaration to the depositary that this
Convention shall not be applicable to specific parts of its territory, internal
waters, archipelagic waters or territorial sea, and shall identify therein the
reasons for such declaration. Such State shall, to the extent practicable and
as quickly as possible, promote conditions under which this Convention will
apply to the areas specified in its declaration, and to that end shall also
withdraw its declaration in whole or in part as soon as that has been achieved.

Article 30

Reservations

With the exception of Article 29, no
reservations may be made to this Convention.

Article 31

Amendments

1. A State Party may, by written communication
addressed to the Director-General, propose amendments to this Convention. The
Director-General shall circulate such communication to all States Parties. If,
within six months from the date of the circulation of the communication, not
less than one half of the States Parties reply favourably to the request, the Director-General
shall present such proposal to the next Meeting of States Parties for
discussion and possible adoption.

2. Amendments shall be adopted by a two-thirds
majority of States Parties present and voting.

3. Once adopted, amendments to this Convention
shall be subject to ratification, acceptance, approval or accession by the
States Parties.

4. Amendments shall enter into force, but solely
with respect to the States Parties that have ratified, accepted, approved or
acceded to them, three months after the deposit of the instruments referred to
in paragraph 3 of this Article by two thirds of the States Parties. Thereafter,
for each State or territory that ratifies, accepts, approves or accedes to it,
the amendment shall enter into force three months after the date of deposit by
that Party of its instrument of ratification, acceptance, approval or
accession.

5. A State or territory which becomes a Party to
this Convention after the entry into force of amendments in conformity with
paragraph 4 of this Article shall, failing an expression of different intention
by that State or territory, be considered:

(a) as a Party to this Convention as so amended;
and

(b) as a Party to the unamended Convention in
relation to any State Party not bound by the amendment.

Article 32

Denunciation

1. A State Party may, by written notification
addressed to the Director-General, denounce this Convention.

2. The denunciation shall take effect twelve
months after the date of receipt of the notification, unless the notification specifies
a later date.

3. The denunciation shall not in any way affect
the duty of any State Party to fulfil any obligation embodied in this
Convention to which it would be subject under international law independently
of this Convention.

Article 33

The
Rules

The Rules annexed to this Convention form an
integral part of it and, unless expressly provided otherwise, a reference to
this Convention includes a reference to the Rules.

Article 34

Registration with the
United Nations

In conformity with Article 102 of the Charter of
the United Nations, this Convention shall be registered with the Secretariat of
the United Nations at the request of the Director-General.

Article 35

Authoritative texts

This Convention has been drawn up in Arabic,
Chinese, English, French, Russian and Spanish, the six texts being equally
authoritative.

Annex

Rules
concerning activities
directedat underwater cultural
heritage

I. General principles

Rule 1.The protection of
underwater cultural heritage through in situ preservation shall be considered
as the first option. Accordingly, activities directed at underwater cultural
heritage shall be authorized in a manner consistent with the protection of that
heritage, and subject to that requirement may be authorized for the purpose of
making a significant contribution to protection or knowledge or enhancement of
underwater cultural heritage.

Rule 2.The commercial exploitation of underwater
cultural heritage for trade or speculation or its irretrievable dispersal is
fundamentally incompatible with the protection and proper management of
underwater cultural heritage. Underwater cultural heritage shall not be traded,
sold, bought or bartered as commercial goods.

This Rule cannot be
interpreted as preventing:

(a)the
provision of professional archaeological services or necessary services
incidental thereto whose nature and purpose are in full conformity with this
Convention and are subject to the authorization of the competent authorities;

(b)the
deposition of underwater cultural heritage, recovered in the course of a
research project in conformity with this Convention, provided such deposition
does not prejudice the scientific or cultural interest or integrity of the
recovered material or result in its irretrievable dispersal; is in accordance
with the provisions of Rules 33 and 34; and is subject to the authorization of
the competent authorities.

Rule 3.Activities directed at underwater cultural
heritage shall not adversely affect the underwater cultural heritage more than
is necessary for the objectives of the project.

Rule 4.Activities directed at underwater cultural
heritage must use non-destructive techniques and survey methods in preference
to recovery of objects. If excavation or recovery is necessary for the purpose
of scientific studies or for the ultimate protection of the underwater cultural
heritage, the methods and techniques used must be as non-destructive as
possible and contribute to the preservation of the remains.

Rule 7. Public access to in situ underwater
cultural heritage shall be promoted, except where such access is incompatible
with protection and management.

Rule 8.International cooperation in the conduct of
activities directed at underwater cultural heritage shall be encouraged in
order to further the effective exchange or use of archaeologists and other
relevant professionals.

II. Project
design

Rule 9.Prior to any activity directed at
underwater cultural heritage, a project design for the activity shall be
developed and submitted to the competent authorities for authorization and
appropriate peer review.

Rule 10.The project design shall include:

(a) an
evaluation of previous or preliminary studies;

(b)the
project statement and objectives;

(c)the
methodology to be used and the techniques to be employed;

(d)the
anticipated funding;

(e)an
expected timetable for completion of the project;

(f)the
composition of the team and the qualifications, responsibilities and experience
of each team member;

(g)plans for
post-fieldwork analysis and other activities;

(h)a
conservation programme for artefacts and the site in close cooperation with the
competent authorities;

(i)a site
management and maintenance policy for the whole duration of the project;

(j)a
documentation programme;

(k)a safety
policy;

(l)an
environmental policy;

(m)arrangements
for collaboration with museums and other institutions, in particular scientific
institutions;

(n)report
preparation;

(o)deposition
of archives, including underwater cultural heritage removed; and

(p)a
programme for publication.

Rule 11.Activities directed at underwater
cultural heritage shall be carried out in accordance with the project design
approved by the competent authorities.

Rule 12.Where unexpected discoveries are made or
cir­cum­stances change, the project design shall be reviewed and amended with
the approval of the competent authorities.

Rule 13.In cases of urgency or chance discoveries,
activities directed at the underwater cultural heritage, including conservation
measures or activities for a period of short duration, in particular site
stabilization, may be authorized in the absence of a project design in order to
protect the underwater cultural heritage.

III. Preliminary
work

Rule 14.The preliminary work referred to in Rule 10
(a) shall include an assessment that evaluates the sig­nificance and
vulnerability of the underwater cultural heritage and the surrounding natural
environment to damage by the proposed project, and the potential to obtain data
that would meet the project objectives.

Rule 15.The assessment shall also include
background studies of available historical and archaeological evidence, the
archaeological and environmental characteristics of the site, and the
consequences of any potential intrusion for the long-term stability of the
underwater cultural heritage affected by the activities.

IV.
Project objective, methodology and techniques

Rule 16.The methodology shall comply with the
project objectives, and the techniques employed shall be as non-intrusive as
possible.

V. Funding

Rule 17.Except in cases of emergency to protect
underwater cultural heritage, an adequate funding base shall be assured in
advance of any activity, sufficient to complete all stages of the project
design, including conservation, documentation and curation of recovered
artefacts, and report preparation and dissemination.

Rule 18.The project design shall demonstrate an
ability, such as by securing a bond, to fund the project through to completion.

Rule 19.The project design shall include a
contingency plan that will ensure conservation of underwater cultural heritage
and supporting documentation in the event of any interruption of anticipated
funding.

VI. Project duration – timetable

Rule 20. An adequate timetable shall be developed to assure in advance of
any activity directed at underwater cultural heritage the completion of all
stages of the project design, including conservation, documentation and
curation of recovered underwater cultural heritage, as well as report
preparation and dissemination.

Rule 21.The project design shall include a
contingency plan that will ensure conservation of underwater cultural heritage
and supporting documentation in the event of any interruption or termination of
the project.

VII. Competence and qualifications

Rule 22.Activities directed at underwater cultural
heritage shall only be undertaken under the direction and control of, and in
the regular presence of, a qualified underwater archaeologist with scientific
competence appropriate to the project.

Rule 23.All persons on the project team shall be
qualified and have demonstrated competence appropriate to their roles in the
project.

VIII. Conservation
and site management

Rule 24. The conservation programme shall provide for the treatment of
the archaeological remains during the activities directed at underwater
cultural heritage, during transit and in the long term. Conservation shall be
carried out in accordance with current professional standards.

Rule 25. The site management programme shall provide for the protection
and management in situ of underwater cultural heritage, in the course of and
upon termination of fieldwork. The programme shall include public information,
reasonable provision for site stabilization, monitoring, and protection against
interference.

IX. Documentation

Rule 26. The documentation programme shall set out thorough documentation
including a progress report of activities directed at underwater cultural
heritage, in accordance with current professional standards of archaeological
documentation.

Rule 27. Documentation shall include, at a minimum, a comprehensive record
of the site, including the provenance of underwater cultural heritage moved or
removed in the course of the activities directed at underwater cultural
heritage, field notes, plans, drawings, sections, and photographs or recording
in other media.

X. Safety

Rule 28. A safety policy shall be prepared that is adequate to ensure the
safety and health of the project team and third parties and that is in
conformity with any applicable statutory and professional requirements.

XI. Environment

Rule 29.An environmental policy shall be prepared
that is adequate to ensure that the seabed and marine life are not unduly
disturbed.

XII. Reporting

Rule 30. Interim and final reports shall be made available according to
the timetable set out in the project design, and deposited in relevant public
records.

Rule 31.Reports shall include:

(a)an account of the objectives;

(b)an account of the methods and techniques
employed;

(c)an account of the results achieved;

(d)basic graphic and photographic documentation on
all phases of the activity;

(e)recommendations concerning conservation and
curation of the site and of any underwater cultural heritage removed; and

(f)recommendations for future activities.

XIII. Curation
of project archives

Rule 32.Arrangements for curation of the project
archives shall be agreed to before any activity commences, and shall be set out
in the project design.

Rule 33.The project archives, including any
underwater cultural heritage removed and a copy of all supporting documentation
shall, as far as possible, be kept together and intact as a collection in a
manner that is available for professional and public access as well as for the
curation of the archives. This should be done as rapidly as possible and in any
case not later than ten years from the completion of the project, in so far as
may be compatible with conservation of the underwater cultural heritage.

Rule 34.The project archives shall be managed according to international
professional standards, and subject to the authorization of the competent
authorities.

XIV. Dissemination

Rule 35.Projects shall provide for public education
and popular presentation of the project results where appropriate.

Rule 36.A final synthesis of a project shall be:

(a)
made public as soon as possible, having
regard to the complexity of the project and the confidential or sensitive
nature of the information; and